A-22236, MAY 22, 1928, 7 COMP. GEN. 746

A-22236: May 22, 1928

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PAY - PERIODS - CHIEF WARRANT OFFICER OF THE NAVY A CHIEF WARRANT OFFICER IN THE NAVY WITH CREDITABLE RECORD WHO WAS TEMPORARILY APPOINTED A BOATSWAIN FROM AN ENLISTED STATUS WITH DATE OF WARRANT JULY 20. WAS COMMISSIONED A CHIEF BOATSWAIN FROM JULY 20. PROVIDED HE WAS OTHERWISE QUALIFIED TO BE. IN FACT WAS. UNLESS THERE IS AN EXPRESS STATUTORY PROVISION TO THE CONTRARY. IS NOT ENTITLED TO CREDIT FOR ANY TIME PRIOR TO THE DATE OF ACCEPTANCE OF THE WARRANT AND COMMISSION IN COMPUTING "SERVICE" FOR PURPOSES OF PAY. WHICH STATES THAT HE IS ENTITLED TO INCREASE IN PAY THEREFOR FROM 20 FEBRUARY. INFORMATION IS REQUESTED AS TO WHETHER I AM AUTHORIZED TO CREDIT THIS INCREASE FROM DATE SPECIFIED IN THE CERTIFICATE.

A-22236, MAY 22, 1928, 7 COMP. GEN. 746

PAY - PERIODS - CHIEF WARRANT OFFICER OF THE NAVY A CHIEF WARRANT OFFICER IN THE NAVY WITH CREDITABLE RECORD WHO WAS TEMPORARILY APPOINTED A BOATSWAIN FROM AN ENLISTED STATUS WITH DATE OF WARRANT JULY 20, 1918, AND WAS COMMISSIONED A CHIEF BOATSWAIN FROM JULY 20, 1924, WHICH WARRANT AND COMMISSION HE ACCEPTED AND FOR WHICH HE EXECUTED THE PRESCRIBED OATHS ON AUGUST 17, 1918, AND MAY 23, 1925, RESPECTIVELY, IN THE COMPUTATION OF THE ,SIX YEARS-" AND "12 YEARS' COMMISSIONED SERVICE" COMPUTATION IN PRESCRIBED SECTION 1 OF THE ACT OF JUNE 10, 1922, 42 STAT. 625, TO ENTITLE TO PAY OF THE SECOND AND THIRD PAY PERIODS, MAY INCLUDE SERVICE (ACTUAL AND CONSTRUCTIVE) FROM AUGUST 1, 1919, TO DECEMBER 28, 1921, INCLUSIVE, UNDER A TEMPORARY APPOINTMENT AS CHIEF BOATSWAIN WHICH HE ACCEPTED OCTOBER 15, 1919, AND MAY ALSO INCLUDE SERVICE (ACTUAL AND CONSTRUCTIVE) AS A CHIEF WARRANT OFFICER FROM JULY 20, 1924, PROVIDED HE WAS OTHERWISE QUALIFIED TO BE, AND IN FACT WAS, ADVANCED PURSUANT TO LAW ON AUGUST 1, 1919, AND JULY 20, 1924, RESPECTIVELY. DECISION OF APRIL 2, 1928, A-21778, OVERRULED. A WARRANT OR COMMISSIONED OFFICER OF THE REGULAR NAVY, ON AN ORIGINAL APPOINTMENT THEREIN, UNLESS THERE IS AN EXPRESS STATUTORY PROVISION TO THE CONTRARY, IS NOT ENTITLED TO CREDIT FOR ANY TIME PRIOR TO THE DATE OF ACCEPTANCE OF THE WARRANT AND COMMISSION IN COMPUTING "SERVICE" FOR PURPOSES OF PAY, LENGTH OF SERVICE FOR PROMOTION, ETC.

DECISION BY COMPTROLLER GENERAL MCCARL, MAY 22, 1928:

LIEUT. G. W. MASTERTON (SC), UNITED STATES NAVY, PRESENTED ON MARCH 24, 1928, AN APPLICATION FOR DECISION AS FOLLOWS:

CHIEF BOATSWAIN GEORGE L. KENNEDY, U.S.N., HAS PRESENTED TO ME A CERTIFICATE OF CREDITABLE RECORD AFTER SIX YEARS' SERVICE, WHICH STATES THAT HE IS ENTITLED TO INCREASE IN PAY THEREFOR FROM 20 FEBRUARY, 1928.

IN ACCORDANCE WITH GENERAL REGULATION NO. 50 OF THE GENERAL ACCOUNTING OFFICE, INFORMATION IS REQUESTED AS TO WHETHER I AM AUTHORIZED TO CREDIT THIS INCREASE FROM DATE SPECIFIED IN THE CERTIFICATE, INASMUCH AS THE RECORD OF SERVICE FOR THIS OFFICER AS SHOWN IN THE NAVY REGISTER WOULD MAKE THIS INCREASE FROM 5 MAY, 1928.

IN VIEW OF THE EXPERIENCE IN THE CASE OF CHIEF CARPENTER CLIFFORD J. LISHMAN, U.S.N., NO CREDIT WILL BE MADE IN THE CASE OF CHIEF BOATSWAIN KENNEDY UNTIL IT IS DETERMINED BY YOUR OFFICE ON WHAT DATE INCREASE BECOMES EFFECTIVE.

THE QUESTION PRESENTED BY LIEUTENANT MASTERTON FOR DECISION ARISES UNDER THE PROVISIONS RELATING TO THE PAY OF CHIEF WARRANT OFFICERS CONTAINED IN THE ACT OF AUGUST 29, 1916, 39 STAT. 577, AND SECTION 1 OF THE ACT OF JUNE 10, 1922, 42 STAT. 625, AND THE APPLICATION THEREOF MADE IN THE CITED DECISION OF THIS OFFICE IN THE CASE OF CHIEF CARPENTER CLIFFORD J. LISHMAN, UNITED STATES NAVY, 7 COMP. GEN. 36.

THE BUREAU OF NAVIGATION, NAVY DEPARTMENT, UNDER DATE OF APRIL 13,1928, REPORTED THAT CHIEF BOATSWAIN KENNEDY HAD SERVICE IN THE UNITED STATES NAVY AS FOLLOWS:

CHART

ENLISTED SERVICE ENLISTED 16 APR., 1903, DISCHARGED 20 APR., 1907. ENLISTED 26 JUNE, 1907, DISCHARGED 25 JUNE, 1911. ENLISTED 26 JUNE, 1911, DISCHARGED 11 MAY, 1915. ENLISTED 13 MAY, 1915, ACCEPTED APPOINTMENT AS BOATSWAIN (AVIATION),

(T) 17 AUGUST, 1918.

OFFICER SERVICE 1918, AUG. 13. TEMPO. APPOINTED BOATSWAIN (AVIATION) FROM 20 JULY, 1918.

AUG. 17. ACCEPTED APPOINTMENT AND EXECUTED OATH OF OFFICE. 1919, OCT. 11. TEMPORARILY APPOINTED A CHIEF BOATSWAIN TO RANK WITH

BUT AFTER ENSIGN, FROM 1 AUG., 1919.

OCT. 15. ACCEPTED APPOINTMENT AND EXECUTED OATH OF OFFICE AS

CHIEF BOATSWAIN (T). 1921, DEC. 29. ACCEPTED AND EXECUTED OATH OF OFFICE AS BOATSWAIN FROM

5 AUG., 1920. 1922, JAN. 4. APPOINTED BOATSWAIN FROM 5 AUG., 1920. (CONF. DISP.). 1925, MAY 8. COMMISSIONED AS INTERIM CHIEF BOATSWAIN FROM 20 JULY,

1924.

MAY 23. ACCEPTED APPT. AND EXECUTED OATH AS CHIEF BOATSWAIN

FROM 20 JULY, 1924. 1926, FEB. 1. COMMISSIONED REGULAR (CHIEF BOATSWAIN) FROM 20 JULY,

1924. 1928, MAR. 10. RECORD CREDITABLE WITHIN MEANING OF PROVISION IN ACT

OF 10 JUNE, 1922, AFTER SIX YEARS' COMMISSIONED SERVICE.

ENTITLED TO PAY OF SECOND PAY PERIOD FROM 20 FEBRUARY,

1928.

FROM THIS RECORD IT IS NOT CLEAR THERE HAD BEEN AN APPOINTMENT AS BOATSWAIN (PERMANENT) FOR KENNEDY TO ACCEPT ON DECEMBER 29, 1921, BEFORE HIS TEMPORARY APPOINTMENT AS CHIEF BOATSWAIN WAS DUE TO TERMINATE BY OPERATION OF LAW ON DECEMBER 31, 1921 (ACT JUNE 4, 1920, SEC. 2, 41 STAT. 834), BUT THE VOUCHERS WHICH ARE ON FILE IN THIS OFFICE SUFFICIENTLY ESTABLISH THE REGULARITY OF THE APPOINTMENT FOR PURPOSES OF THIS CONSIDERATION. THE FIXING OF AUGUST 5, 1920, AS DATE OF APPOINTMENT AND AS ESTABLISHING THE OFFICER'S LINEAL POSITION, IS INDICATED BY THE NAVY REGISTER OF 1922, TO HAVE BEEN PURSUANT TO THE PROVISIONS OF SECTIONS 3, 4, AND 5 OF THE ACT OF JUNE 4, 1920, 41 STAT. 834, 836.

THE APPOINTMENT OF KENNEDY AS CHIEF BOATSWAIN TO DATE FROM JULY 20, 1924, APPARENTLY WAS PURSUANT TO SECTION 12 OF THE ACT OF MARCH 3, 1899, 30 STAT. 1007, AS AMENDED BY THE ACT OF APRIL 27, 1904, 33 STAT. 346, THAT WARRANT OFFICERS, UPON THE PASSAGE OF THE PRESCRIBED EXAMINATION, SHOULD BE ELIGIBLE FOR COMMISSIONS AS CHIEF WARRANT OFFICERS "SIX YEARS FROM DATE OF WARRANT," THE DATE OF HIS TEMPORARY WARRANT AS BOATSWAIN BEING JULY 20, 1918; JULY 20, 1924, THEREFORE, HAS BEEN ACCEPTED AS THE CORRECT DATE OF HIS COMMISSION AS A CHIEF WARRANT OFFICER.

THE PROVISIONS OF THE CITED ACT OF AUGUST 29, 1916, 39 STAT. 578, ARE AS FOLLOWS:

HEREAFTER CHIEF BOATSWAINS, CHIEF GUNNERS, CHIEF MACHINISTS, CHIEF CARPENTERS, CHIEF SAILMAKERS, CHIEF PHARMACISTS, AND CHIEF PAY CLERKS, ON THE ACTIVE LIST WITH CREDITABLE RECORDS, SHALL, AFTER SIX YEARS FROM DATE OF COMMISSION, RECEIVE THE PAY AND ALLOWANCES THAT ARE NOW OR MAY HEREAFTER BE ALLOWED A LIEUTENANT (JUNIOR GRADE), UNITED STATES NAVY: PROVIDED, THAT CHIEF BOATSWAINS, CHIEF GUNNERS, CHIEF MACHINISTS, CHIEF CARPENTERS, CHIEF SAILMAKERS, CHIEF PHARMACISTS, AND CHIEF PAY CLERKS, ON THE ACTIVE LIST WITH CREDITABLE RECORDS, SHALL, AFTER TWELVE YEARS FROM DATE OF COMMISSION, RECEIVE THE PAY AND ALLOWANCES THAT ARE NOW OR MAY HEREAFTER BE ALLOWED A LIEUTENANT, UNITED STATES NAVY.

THE PROVISIONS OF SECTION 1 OF THE 1922 ACT CITED ARE AS FOLLOWS:

* * * COMMISSIONED WARRANT OFFICERS ON THE ACTIVE LIST WITH CREDITABLE RECORDS SHALL, AFTER SIX YEARS' COMMISSIONED SERVICE, RECEIVE THE PAY OF THE SECOND PERIOD, AND, AFTER TWELVE YEARS' COMMISSIONED SERVICE, RECEIVE THE PAY OF THE THIRD PERIOD: * * *

THE EFFECT OF THIS PROVISO IN THE 1922 STATUTE OBVIOUSLY IS A REPEAL OF THE CITED PROVISO IN THE 1916 STATUTE, NOT ONLY BECAUSE IT OCCUPIES THE ENTIRE FIELD COVERED BY THE EARLIER STATUTE BUT BECAUSE OF THE EXPRESS REPEALING CLAUSE CONTAINED IN SECTION 22 OF THE 1922 STATUTE, 25 R.C.L. 915, 916, SECTION 167; SMITH V. UNITED STATES, 50 CT.CLS. 244, 249. THIS EFFECT IS EXPLAINED AT PAGE 108 OF THE HEARINGS BEFORE THE HOUSE COMMITTEE ON READJUSTMENT OF SERVICE PAY, SIXTY-SEVENTH CONGRESS, SECOND SESSION, AS FOLLOWS:

THE FIRST PARAGRAPH OF THE ACT OF AUGUST 29, 1916, WILL BE AMENDED BY SECTION 1 OF THE PROPOSED BILL, WHICH PROVIDES THAT COMMISSIONED WARRANT OFFICERS ON THE ACTIVE LIST AFTER SIX YEARS' SERVICE FROM DATE OF COMMISSION SHALL RECEIVE THE PAY OF THE SECOND PERIOD AND AFTER 12 YEARS FROM DATE OF COMMISSION THE PAY OF THE THIRD PERIOD. THE FIRST PARAGRAPH OF ACT OF AUGUST 29, 1916, PROVIDES THAT CHIEF WARRANT OFFICERS SHALL RECEIVE THE PAY AND ALLOWANCES OF A LIEUTENANT (JUNIOR GRADE) AFTER SIX YEARS FROM DATE OF COMMISSION AND THE PAY AND ALLOWANCES OF A LIEUTENANT AFTER 12 YEARS FROM DATE OF COMMISSION. UNDER THE PROPOSED BILL A LIEUTENANT (JUNIOR GRADE) WILL RECEIVE THE PAY OF THE SECOND PERIOD UPON COMPLETION OF THREE YEARS' SERVICE AND WILL RECEIVE THE PAY OF THE THIRD PERIOD UPON COMPLETION OF 10 YEARS' SERVICE; A LIEUTENANT WILL RECEIVE THE PAY OF THE THIRD PERIOD UPON COMPLETION OF SEVEN YEARS' SERVICE AND WILL RECEIVE THE PAY OF THE FOURTH PERIOD UPON COMPLETION OF 17 YEARS' SERVICE; WHILE COMMISSIONED WARRANT OFFICERS UNDER THE PROPOSED BILL WILL ONLY BE ENTITLED TO THE PAY OF A SECOND OR THIRD PAY PERIOD REGARDLESS OF THEIR LENGTH OF SERVICE. * * *

SINCE THE PASSAGE OF THE ACT OF MARCH 4, 1913, 37 STAT. 892, PROVIDING THAT ALL OFFICERS OF THE NAVY ADVANCED IN GRADE OR RANK PURSUANT TO LAW SHALL BE ALLOWED THE PAY AND ALLOWANCES OF THE HIGHER GRADE OR RANK FROM THE DATES STATED IN THEIR COMMISSIONS, THE DECISIONS HAVE BEEN UNIFORM THAT IF THE DATE OF RANK OF A WARRANT OR CHIEF WARRANT OFFICER TO OFFICE AS STATED IN THE WARRANT OR COMMISSION ISSUED TO HIM IS THE CORRECT DATE, UNDER THE LAW, THEN THE DATE FOLLOWING HIS COMPLETION OF SIX YEARS' SERVICE FROM THAT DATE IS THE DATE FROM WHICH HE IS ENTITLED TO THE HIGHER PAY AND ALLOWANCES AND NOT SIX YEARS FROM DATE OF THE ISSUANCE OR ACCEPTANCE OF COMMISSION, AND THIS RULE HAS BEEN APPLIED IN THE CASE OF WARRANT OFFICERS TEMPORARILY COMMISSIONED DURING THE EMERGENCY PERIOD BEFORE COMPLETING THE PRESCRIBED YEARS OF SERVICE IN WARRANT RANK, IT HAVING BEEN HELD THE APPOINTEE WAS ENTITLED TO THE PAY AND ALLOWANCES OF THE ADVANCED TEMPORARY RANK FROM THE DATE STATED IN THE COMMISSION, IF THAT DATE OTHERWISE WAS CORRECT UNDER THE LAW. DOYLE V. UNITED STATES, 47 CT.CLS. 356; SMITH V. UNITED STATES, 50 ID. 244; TOULON V. UNITED STATES, 51 ID. 87, 97; 24 COMP. DEC. 177; ID. 401; 25 ID. 852; 22 MS. ID. 1130; 28 ID. 1231.

IT HAS BEEN RECOGNIZED, TOO, THAT NOT ONLY MAY WARRANT OFFICERS INCLUDE INTERVENING TEMPORARY COMMISSIONED SERVICE IN THE UNITED STATES NAVY AND ACTIVE COMMISSIONED SERVICE IN THE NAVAL RESERVE FORCE (ACT JULY 11, 1919, 41 STAT. 141) IN COMPUTING THEIR SIX YEARS' SERVICE FROM DATE OF WARRANT TO DETERMINE WHEN THEY ARE ELIGIBLE TO BE ADVANCED TO CHIEF WARRANT RANK, BUT, UNDER THE CITED PROVISION IN SECTION 1 OF THE ACT OF JUNE 10, 1922, 42 STAT. 625, THIS SAME COMMISSIONED SERVICE MAY ALSO BE INCLUDED IN THE COMPUTATION OF "6 YEARS-" AND "12 YEARS' COMMISSIONED ERVICE" TO DETERMINE WHEN THEY SHALL BE ENTITLED TO RECEIVE THE PAY OF THE SECOND AND THIRD PAY PERIODS, RESPECTIVELY. 7 COMP. GEN. 36. THERE HAS BEEN UNIFORM RECOGNITION, MOREOVER, IN ADMINISTRATIVE AND AUDIT PRACTICE THAT THE PERIOD OF "COMMISSIONED SERVICE" FOR A CHIEF WARRANT OFFICER IS TO BE COMPUTED UNDER THE CITED PROVISION OF THE 1922 STATUTE AS IT HAD BEEN THERETOFORE, FROM THE DATE ON WHICH ELIGIBILITY WAS ATTAINED FOR ADVANCEMENT FROM WARRANT TO CHIEF WARRANT RANK IF OTHER PRESCRIBED QUALIFICATIONS ARE SHOWN TO HAVE BEEN MET.

APPLYING THESE WELL-SETTLED PRINCIPLES IN THE COMPUTATION OF THE SERVICE OF CHIEF BOATSWAIN KENNEDY, IT IS FOUND HE HAD TEMPORARY COMMISSIONED SERVICE OF 2 YEARS 4 MONTHS AND 28 DAYS AS A CHIEF BOATSWAIN FROM AUGUST 1, 1919, TO DECEMBER 28, 1921, INCLUSIVE, AND HE THEREFORE COMPLETED 6 YEARS' COMMISSIONED SERVICE WHEN HE HAD SERVED 3 YEARS 7 MONTHS AND 2 DAYS FROM AND INCLUDING JULY 20, 1924, THE DATE OF HIS RANK AS CHIEF BOATSWAIN, PERMANENT APPOINTMENT; THAT IS, HE COMPLETED 6 YEARS' COMMISSIONED SERVICE ON FEBRUARY 21, 1928. IF OTHERWISE QUALIFIED THEREFOR, HE THEN BECAME ENTITLED TO PAY OF THE SECOND-PAY PERIOD ON AND AFTER FEBRUARY 22, 1928.

THIS COMPUTATION GIVES EFFECT TO THE CONTEMPORANEOUS CONSTRUCTION WHICH APPARENTLY RECOGNIZED THE ISSUANCE OF A WARRANT TO A MATE OR ENLISTED PERSON IN THE NAVY AND THE PERMANENT OR TEMPORARY APPOINTMENT OF A WARRANT OFFICER TO A COMMISSIONED RANK, PURSUANT TO LAW, AS AN ADVANCEMENT IN GRADE OR RANK WHICH, UNDER THE ACT OF MARCH 4, 1913, 37 STAT. 892, ENTITLED THE CHIEF WARRANT OFFICER TO PAY OF THE HIGHER GRADE OR RANK FROM THE DATE OF RANK STATED IN THE COMMISSION AND AUTHORIZED THE "SERVICE" OF BOTH THE WARRANT AND COMMISSIONED WARRANT OFFICER TO BE COUNTED FROM THE DATE STATED IN THE WARRANT OR COMMISSION, IF OTHERWISE CORRECT, DOYLE V. UNITED STATES, 47 CT.CLS. 356; 24 COMP. DEC. 401; 64 MS. ID. 1322. WERE THESE MATTERS NOW ORIGINALLY FOR CONSIDERATION SOME DOUBT IS ENTERTAINED WHETHER SIMILAR CONCLUSIONS COULD BE REACHED, PARTICULARLY IN THE MATTER OF INCLUDING CONSTRUCTIVE SERVICE UNDER TEMPORARY APPOINTMENTS, BUT IT IS NOT SUFFICIENTLY CLEAR THE CONTEMPORANEOUS CONSTRUCTION WAS ERRONEOUS TO WARRANT A CONSIDERATION DE NOVO AT THIS TIME. 25 R.C.L. 914, 915, SECTION 167.

IT IS TO BE UNDERSTOOD, HOWEVER, IN THIS CONNECTION THAT NO STATEMENT HEREIN IS DESIGNED IN ANY WAY TO BRING IN QUESTION THE CORRECTNESS OF THE PRINCIPLE AFFIRMED IN THE CITED DECISION IN THE CASE OF CHIEF CARPENTER LISHMAN, 7 COMP. GEN. 36, VIZ, THAT ON AN ORIGINAL APPOINTMENT IN THE REGULAR NAVY, EITHER TO WARRANT OR COMMISSIONED RANK, OR WHERE AN APPOINTMENT TO A HIGHER GRADE OR RANK IS NOT AN ADVANCEMENT IN GRADE OR RANK "PURSUANT TO LAW," UNLESS THERE IS AN EXPRESS STATUTORY PROVISION TO THE CONTRARY,"SERVICE" FOR PURPOSES OF PAY, COMPUTATION OF LONGEVITY, PROMOTION, ETC., IN NO CASE BEGINS UNTIL ACCEPTANCE OF THE WARRANT OR COMMISSION IN THE HIGHER RANK. IN ADDITION TO THE AUTHORITIES CITED IN THE LISHMANDECISION, SEE TOULON V. UNITED STATES, 51 CT.CLS. 87; SEIFERT V. UNITED STATES, 52 ID. 40; HOOPER V. UNITED STATES, 53 CT.CLS. 90, 104.

UNDER DATE OF APRIL 2, 1928, IN A DECISION A-21778, 80 MS. COMP. GEN. 51, RENDERED ALSO ON THE APPLICATION OF LIEUTENANT MASTERTON, THERE WAS CONSIDERED WHETHER CHIEF BOATSWAIN ALBERT E. BAKER, UNITED STATES NAVY, BECAME ENTITLED TO PAY OF THE SECOND PAY PERIOD AS AFTER SIX YEARS' COMMISSIONED SERVICE FROM SEPTEMBER 20, 1927, BY REASON OF SERVICE REPORTED AS FOLLOWS:

ENLISTED SERVICE ENLISTED 20 FEB., 1912, DISCHARGED 14 DEC., 1914. ENLISTED 15 DEC., 1914, ACCEPTED APPOINTMENT AS (T) BOATSWAIN 23 FEB., 1918.

OFFICER SERVICE 1918, MAR. 1. TEMPORARILY APPOINTED A BOATSWAIN FROM 20 FEB., 1918. 1918, FEB. 23. ACCEPTED APPOINTMENT AND EXECUTED OATH OF OFFICE. 1919, OCT. 11. TEMPORARILY APPOINTED AN ENSIGN FROM 1 AUGUST, 1919. 1919, NOV. 15. ACCEPTED APPOINTMENT AND EXECUTED OATH OF OFFICE AS ENSIGN (T). 1921, DEC. 29. ACCEPTED AND EXECUTED OATH OF OFFICE AS BOATSWAIN FROM

5 AUG., 1920. 1922, JAN. 4. APPOINTED BOATSWAIN FROM 5 AUG., 1920 (CONFIRMING

DISPATCH). 1925, JULY 27. COMMISSIONED AD INTERIM CHIEF BOATSWAIN FROM 20 FEB.,

1924. 1925, AUG. 27. ACCEPTED APPT. AND EXECUTED OATH AS CHF. BOATSWAIN. 1928, FEB. 10. RECORD CREDITABLE WITHIN MEANING OF PROVISION IN ACT

OF 10 JUNE, 1922, AFTER SIX YEARS' COMMISSIONED SERVICE.

ENTITLED TO PAY OF SECOND PERIOD FROM 20 SEPT., 1927. ON THIS RECORD OF SERVICE IT WAS HELD IN THE CITED DECISION OF APRIL 2, 1928, THAT CHIEF BOATSWAIN BAKER HAD COMPLETED BUT 4 YEARS, 2 MONTHS, AND 9 DAYS' SERVICE ON SEPTEMBER 20, 1927, AND, CONSEQUENTLY, THAT HE WAS NOT ENTITLED TO THE PAY OF THE SECOND PAY PERIOD ON AND AFTER THAT DATE.

A COMPUTATION OF THE OFFICER'S COMMISSIONED SERVICE, HOWEVER, IN THE MANNER HEREIN DESIGNATED AS CORRECT, SHOWS THAT HE HAD COMMISSIONED SERVICE (ACTUAL AND CONSTRUCTIVE) OF 2 YEARS 4 MONTHS AND 28 DAYS FROM AUGUST 1, 1919, TO DECEMBER 28, 1921, INCLUSIVE, AND THAT ON SEPTEMBER 21, 1927, HE COMPLETED 3 YEARS 7 MONTHS AND 2 DAYS' SERVICE (ACTUAL AND CONSTRUCTIVE) AS A COMMISSIONED WARRANT OFFICER FROM AND INCLUSIVE OF FEBRUARY 20, 1924, THE DATE FROM WHICH HE TOOK RANK. HE THEREFORE BECAME ENTITLED TO THE PAY OF THE SECOND PAY PERIOD ON AND AFTER SEPTEMBER 22, 1927, AND THE DECISION OF APRIL 2, 1928, WHICH ERRONEOUSLY APPLIED THE PRINCIPLE OF THE LISHMAN DECISION, 7 COMP. GEN. 36, IN THE CASE OF BAKER, IS ACCORDINGLY OVERRULED.